Brockholes Nature Reserve - 3D Parking, BW Legal

Coupon-mad

Yes, but you'll know  (we hope) from the NEWBIES thread that a rectangular BPA logo is not relevant.  One of the first Q&A begs people not to tell us that the PPC is in both AOS.

D_P_Dance

Have you written about this on TripSdvisor?  Have you complained to your MP?

go-on-then

Have you complained to Brockholes ??   
parking@brockholes.org 

DavidSWP

Hi fellow travellers,

I followed the steps on here and the claim was transferred to my local court, and that local court sent me a letter saying the hearing was set for 31st May 2022, and all evidence/witness statements must be sent to the court and the other party 14 days before the hearing date.  I did that last night.  As far as I can work out BW Legal have less than 1 hour to do the same.

Assuming they don't do that (seems unlikely), what can I do?  Perhaps ask for the claim to be thrown out (maybe give it a few days until they are seriously delinquent?), or can they still turn up and say they've sent me evidence, like the PCN they claim to have sent me back in 2019?  Could they have sent the PCN they claim to have sent me in 2019 to the court without sending it to me again in relation to the court case?

Surely they need to inform me that they are lodging anything like that as evidence, even if they don't send it to me 'again', or not?

I'm probably overthinking this, and they have just failed?

I almost made a thread about how on the Directions Questionnaire (N180), BW Legal specified 'Number of Witnesses (including yourself) = 0'.  At first I thought that this meant they were not going to turn up, but after giving it some thought, that probably meant that it meant only their lawyer(s) would turn up, hence 0 witnesses.

Any ideas how to proceed?

To be quite honest, I've been in court before as a Litigant in Person in Family Court (an adjunct of civil court), and frankly none of the judges gave a toss if the other side's evidence was late, or they failed to comply with orders, even if they were 2 months late.  

Thanks for any advice,

Dave

Coupon-mad

You are right about the '0 witnesses'. It would be a legal rep.  No witness evidence from them.

But they have failed, if the hearing is in 2 weeks.  Jolly good.  Do nothing yet and we expect them to give up and discontinue next week!

BTW if you missed the new Govt Code of Practice announced in February and didn't know that the added fake DRA costs are now banned, you need to read the thread by bargepole from 7th Feb.  In case your hearing goes ahead you need to know how to argue that the false added costs are not recoverable and deemed 'extortion'.

DavidSWP

Coupon-mad said:

You are right about the '0 witnesses'. It would be a legal rep.  No witness evidence from them.

But they have failed, if the hearing is in 2 weeks.  Jolly good.  Do nothing yet and we expect them to give up and discontinue next week!

BTW if you missed the new Govt Code of Practice announced in February and didn't know that the added fake DRA costs are now banned, you need to read the thread by bargepole from 7th Feb.  In case your hearing goes ahead you need to know how to argue that the false added costs are not recoverable and deemed 'extortion'.

I really appreciate the reply.  I spent about 20 hours on my defence/witness statement, although I am still not sure I understand the law and precedent cases, and that is not just 20 hours dispassionate work, it is months worrying about it, getting ratty with my kids, not sleeping well.

I'm not trying to come across as a snowflake, I can't compartmentalise things.  I'll look into the DRA thing - I'm not currently sure what DRA means.  It always struck me as extortion that they (Private Parking Companies) send out a demand, and said "if you pay us x within x days we will reduce what you owe us".  This is where, for me, a bribe and extortion become the same thing.  Is that what DRA is about, just out of interest?

Le_Kirk

DRA = Debt Recovery Agent/Agency

DavidSWP

Has anyone any advice on what to do next?  E.g. wait a few days, and then ask the county court to throw the case out because BW Legal/3D Parking didn't submit evidence by the date the court mandated?

Not_A_Hope

Coupon-Mad said 'Do nothing yet and we expect them to give up and discontinue next week!'.

If the PPC don't discontinue contact the court and advise that the PPC haven't complied with the court directions. If their WS eventually turns up raise it as at preliminary matter with the judge at the hearing